Deposition of A. F. Streitz

A.F. STREITZ,
of lawful age, being by me first duly examined, cautioned, and solemnly sworn, as hereinafter certified, deposeth and sayeth as follows, to-wit:
DIRECT EXAMINATION.
By Mr. W.T WILCOX.
Q. 1. You may state your name, business and residence.
A. A.F. Streitz, druggist, North Platte, Nebraska.
Q. 2. How long have you resided in North Platte? And what has been your business during all that time?
A. I have resided here, with the exception of 18 months, ever since the spring of 1881. I have been in the drug business during that time here.
Q. 3. I will ask you if you acquainted with the plaintiff W.F. Cody, and his wife Mrs. Cody, and how long you have known them?
A. I have known them both since the spring of 1881.
Q. 4. I will ask you whether or not during your acquaintance with them you have been entertained with other guests at different times, at the Cody residence, when the Colonel was at home?
A. Yes, I have.
Q. 5. I will ask you what was the conduct of Mrs. Cody upon those occasions towards the guests that were there?
A. I think it was such as any hostess should be. She was always most pleasant, whenever I have been there.
Q. 6. I will ask you if at your different visits there, you have ever seen anything in her conduct towards any of the guests that is subject to criticism?
Plaintiff objects as calling for a conclusion of the witness.
A. Not in the least.
Q. 7. Have you at different times, when Cody has been at home, seen the plaintiff and his wife frequently upon the streets of North
-104-
Platte visiting the business places in the city together?
Plaintiff objects as immaterial.
A. Yes, I have seen them together at their home, on the streets and in the business houses of North Platte.
Q. 8. I will ask you what has been the conduct of Mrs. Cody toward her husband at all times when you have been in their company?
Plaintiff objects for the reason that it is immaterial, in this, that it is not definite and fixing the time at the house during entertainments.
A. I have never seen anything out of the way. She always seemed most cordial to me.
Q. 9. I will ask you if you know what the reputation of Mrs. Cody is, in this community, where she has lived for so many years, as a good wife and kind mother?
A. Well, I have not heard anything against her, while I have heard a great many speak of her virtues and good name. I think her reputation, from what I heard, to be beyond reproach.
Plaintiff moves to strike out witness’ answer as not responsive.
Q. 10. This question asked if you know what her reputation is, and is answered by yes or no.
A. I did not quite understand you. Why, yes, I think I do.
Q. 11. I will ask you what the reputation of Mrs. Cody is in this community, during all these years you have known her as to being a good wife and kind mother?
Plaintiff objects as immaterial; and for the further reason that it is not a question of contested facts in this case, raised by the issues in the case; and for the further reason that it is not a proper method of showing the disposition of the woman, and no proper foundation having been laid to prove reputation.
-105-
A. I consider her reputation to be beyond reproach.
Q. 12. What has been the habits of the plaintiff W.F. Cody during many of the years that you have known him with reference to the use of intoxicating liquors to excess?
Plaintiff objects as immaterial and for the reason that it is not a question of habits, but a question of acts, and for the further reason that the question is indefinite and uncertain.
A. I know that he has been a hard drinker during his stay in North Platte during these years.
Q. 13. What evidence have you seen of that fact?
A. I have seen him intoxicated many times.
Q. 14. I will ask you under what condition you first met him in North Platte and saw him, and where?
Plaintiff objects as immaterial.
A. I do not want to give away any secrets of the trade. I do not want to say anything against my customers, but the first time I met him in North Platte he was intoxicated.
CROSS EXAMINATION.
By H.S. RIDGELY.
Q. 15. You say that you have attended social functions at the Cody residence when the Col. was there?
A. I have.
Q. 16. And then Mrs. Cody’s conduct was such toward the guests and her husband - was such as becomes any hostess?
A. I thought so
Q. 17. And what you have testified to is the conclusion you drew as to what you seen?
A. That is all.
Q. 18. You knew nothing about the inside of the family’s domestic affairs?
A. Only what I saw as a guest at the house.
-106-
Q. `19. You knew nothing about their inside domestic affairs?
A. No.
Q. 20. You don’t know whether they had a fall out in the vening before you went up there, and through pride put on a good appearance on the outside?
A. They were both very gracious always.
Q. 21. And when you saw them on the street you did not know that there was any internal domestic troubles between them which on the street they were covering up from their friends through pride?
A. Of course I could not say.
Q. 22. And what you have testified to is the appearance they made when in public?
A. Just what I saw.
Q. 23. You say you have seen the Col. intoxicated here in North Platte?
A. Yes sir.
Q. 24. You have also seen him when he was sober?
A. I have.
Q. 25. And on many occasions?
A. Yes sir.
Q. 26. And the Col. was only here during a short season each winter since you have known him up to four years ago?
A. Jut in the winter, yes sir.
Q. 27. And you knew that he was in the show business and on the road during the show season?
A. Yes sir.
Q. 28 And you knew also that he never drank when on the road with the show?
A. No sir, I don’t know that.
Q. 29. Your judgement of his being a hard drinker is formed by what you saw him doing here in North Platte with reference to drinking?
A. Yes sir.
-107-
Q. 30 And if you saw him only three or four weeks out of the year and he was drinking part of that time and sober the other portion of the time, is it upon that you state he is a hard drinker as you testified to?
A. Yes sir.
Q. 31. You do not pretend to say that Colonel Cody during the rest of the year when he was with his show doing business was drinking as you have said you saw him drking in North Platte?
A. Could not tell what he was doing away from here.
Q. 32. You do not know?
A. I do not know.
Q. 33. ow long have you known Mrs. Cody?
A. Since the spring of 1881.
Q. 34. Have you been intimately acquainted with her since that time?
A. I do not know what you call intimate. I was as well acquainted with her as any woman in North Platte.
Q. 35. Simply business acquaintance in a measure?
A. Yes, socially too. I was at their house frequently.
Q. 36. You never neighbored with them, and was there day in and day out?
A. No sir.
Q. 37. You never stayed there over night?
A. No sir.
Q. 39. Just as a frequent guest and what you saw on the streets?
A. Yes sir.
-108-

Click tabs to swap between content that is broken into logical sections.

A.F. STREITZ,
of lawful age, being by me first duly examined, cautioned, and solemnly sworn, as hereinafter certified, deposeth and sayeth as follows, to-wit:
DIRECT EXAMINATION.
By Mr. W.T WILCOX.
Q. 1. You may state your name, business and residence.
A. A.F. Streitz, druggist, North Platte, Nebraska.
Q. 2. How long have you resided in North Platte? And what has been your business during all that time?
A. I have resided here, with the exception of 18 months, ever since the spring of 1881. I have been in the drug business during that time here.
Q. 3. I will ask you if you acquainted with the plaintiff W.F. Cody, and his wife Mrs. Cody, and how long you have known them?
A. I have known them both since the spring of 1881.
Q. 4. I will ask you whether or not during your acquaintance with them you have been entertained with other guests at different times, at the Cody residence, when the Colonel was at home?
A. Yes, I have.
Q. 5. I will ask you what was the conduct of Mrs. Cody upon those occasions towards the guests that were there?
A. I think it was such as any hostess should be. She was always most pleasant, whenever I have been there.
Q. 6. I will ask you if at your different visits there, you have ever seen anything in her conduct towards any of the guests that is subject to criticism?
Plaintiff objects as calling for a conclusion of the witness.
A. Not in the least.
Q. 7. Have you at different times, when Cody has been at home, seen the plaintiff and his wife frequently upon the streets of North
-104-
Platte visiting the business places in the city together?
Plaintiff objects as immaterial.
A. Yes, I have seen them together at their home, on the streets and in the business houses of North Platte.
Q. 8. I will ask you what has been the conduct of Mrs. Cody toward her husband at all times when you have been in their company?
Plaintiff objects for the reason that it is immaterial, in this, that it is not definite and fixing the time at the house during entertainments.
A. I have never seen anything out of the way. She always seemed most cordial to me.
Q. 9. I will ask you if you know what the reputation of Mrs. Cody is, in this community, where she has lived for so many years, as a good wife and kind mother?
A. Well, I have not heard anything against her, while I have heard a great many speak of her virtues and good name. I think her reputation, from what I heard, to be beyond reproach.
Plaintiff moves to strike out witness’ answer as not responsive.
Q. 10. This question asked if you know what her reputation is, and is answered by yes or no.
A. I did not quite understand you. Why, yes, I think I do.
Q. 11. I will ask you what the reputation of Mrs. Cody is in this community, during all these years you have known her as to being a good wife and kind mother?
Plaintiff objects as immaterial; and for the further reason that it is not a question of contested facts in this case, raised by the issues in the case; and for the further reason that it is not a proper method of showing the disposition of the woman, and no proper foundation having been laid to prove reputation.
-105-
A. I consider her reputation to be beyond reproach.
Q. 12. What has been the habits of the plaintiff W.F. Cody during many of the years that you have known him with reference to the use of intoxicating liquors to excess?
Plaintiff objects as immaterial and for the reason that it is not a question of habits, but a question of acts, and for the further reason that the question is indefinite and uncertain.
A. I know that he has been a hard drinker during his stay in North Platte during these years.
Q. 13. What evidence have you seen of that fact?
A. I have seen him intoxicated many times.
Q. 14. I will ask you under what condition you first met him in North Platte and saw him, and where?
Plaintiff objects as immaterial.
A. I do not want to give away any secrets of the trade. I do not want to say anything against my customers, but the first time I met him in North Platte he was intoxicated.
CROSS EXAMINATION.
By H.S. RIDGELY.
Q. 15. You say that you have attended social functions at the Cody residence when the Col. was there?
A. I have.
Q. 16. And then Mrs. Cody’s conduct was such toward the guests and her husband - was such as becomes any hostess?
A. I thought so
Q. 17. And what you have testified to is the conclusion you drew as to what you seen?
A. That is all.
Q. 18. You knew nothing about the inside of the family’s domestic affairs?
A. Only what I saw as a guest at the house.
-106-
Q. `19. You knew nothing about their inside domestic affairs?
A. No.
Q. 20. You don’t know whether they had a fall out in the vening before you went up there, and through pride put on a good appearance on the outside?
A. They were both very gracious always.
Q. 21. And when you saw them on the street you did not know that there was any internal domestic troubles between them which on the street they were covering up from their friends through pride?
A. Of course I could not say.
Q. 22. And what you have testified to is the appearance they made when in public?
A. Just what I saw.
Q. 23. You say you have seen the Col. intoxicated here in North Platte?
A. Yes sir.
Q. 24. You have also seen him when he was sober?
A. I have.
Q. 25. And on many occasions?
A. Yes sir.
Q. 26. And the Col. was only here during a short season each winter since you have known him up to four years ago?
A. Jut in the winter, yes sir.
Q. 27. And you knew that he was in the show business and on the road during the show season?
A. Yes sir.
Q. 28 And you knew also that he never drank when on the road with the show?
A. No sir, I don’t know that.
Q. 29. Your judgement of his being a hard drinker is formed by what you saw him doing here in North Platte with reference to drinking?
A. Yes sir.
-107-
Q. 30 And if you saw him only three or four weeks out of the year and he was drinking part of that time and sober the other portion of the time, is it upon that you state he is a hard drinker as you testified to?
A. Yes sir.
Q. 31. You do not pretend to say that Colonel Cody during the rest of the year when he was with his show doing business was drinking as you have said you saw him drking in North Platte?
A. Could not tell what he was doing away from here.
Q. 32. You do not know?
A. I do not know.
Q. 33. ow long have you known Mrs. Cody?
A. Since the spring of 1881.
Q. 34. Have you been intimately acquainted with her since that time?
A. I do not know what you call intimate. I was as well acquainted with her as any woman in North Platte.
Q. 35. Simply business acquaintance in a measure?
A. Yes, socially too. I was at their house frequently.
Q. 36. You never neighbored with them, and was there day in and day out?
A. No sir.
Q. 37. You never stayed there over night?
A. No sir.
Q. 39. Just as a frequent guest and what you saw on the streets?
A. Yes sir.
-108-